Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
There’s plenty to do and see in Austin, including activities, attractions and establishments where alcohol flows freely. However, your good times can screech to a halt if you are pulled over and arrested for driving under the influence.
If you’re facing DUI or DWI charges, let this list of the best DUI lawyers in Austin help guide you to the right attorney for your case.
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Best DUI Attorneys in Austin, TX
Compare Top DUI Attorneys
DUI Laws in Texas
DUI laws in Texas can change from year to year. As a result, having an experienced Austin DUI lawyer who regularly practices in this area of the law is an important first step in protecting yourself. An experienced lawyer will provide advice that is tailored to your case and know the best steps to take in your defense.
Legal Blood Alcohol Concentration (BAC) in Texas
All drivers are prohibited from operating a motor vehicle in Texas when their blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) is 0.08 or greater. The law considers people with this BAC to be presumptively under the influence of alcohol to such a degree that they cannot safely drive.
However, this is not the only BAC limit Texas recognizes. Drivers of commercial vehicles cannot drive their trucks with a BAC above 0.04, and a driver who is under 21 is not permitted to drive with any alcohol in their system.
Moreover, even if you have only a small amount of alcohol in your system, you can still be charged with driving while intoxicated if a law enforcement officer determines that you are impaired and incapable of safely operating your vehicle.
Implied Consent Laws in Texas
Texas’ implied consent law means that if you drive on any road in Texas, you have implicitly given your consent to breath or blood testing to detect the presence of alcohol. However, in practice, police cannot forcibly take a breath or blood sample from you without your express consent or a warrant.
Instead, when you refuse a breath or blood test, the officer will likely get a warrant authorizing a qualified individual to draw a blood sample from you. You can also face a driver’s license suspension if you refuse an officer’s request for testing.
DUI Penalties in Texas
DWI and DUI penalties include fines and incarceration in jail or prison. The severity of these penalties increases with the number of previous DWI or DUI convictions you have. You can also be placed on probation, be ordered to complete alcohol testing and have to complete community service as part of your sentence.
The penalties for DUI can be summarized as follows:
Prosecutors and courts may sentence you more severely if you have a BAC of 0.15 or higher. You can face additional charges and penalties if you are caught driving under the influence with a child under the age of 15 in your vehicle.
What to Expect After a DUI Arrest in Texas
Once the officer places you in cuffs, you will be taken either to the police station or to jail for further testing. You will likely be asked to submit to a breath analysis. The officer may instead ask you for a blood sample or get a warrant that authorizes a qualified person to take a blood sample from you.
You will likely be imprisoned no matter your BAC and must post a bond to get out. Finally, the officer will give you a written notice telling you that you have 15 days to ask for a driver’s license hearing. If you do not, you will lose the right to request another hearing and your license will automatically be suspended.
How Can an Attorney Help You?
An experienced Austin DUI lawyer can help you protect your driving privileges and safeguard your freedom. Your lawyer will begin by requesting a driver’s license hearing to prevent your license from being automatically suspended. Depending on the evidence in your case, you may be able to avoid the suspension.
Following an in-depth investigation, you and your lawyer will develop a strategy for how to combat your DWI charge. In some cases, this can involve challenging the legality of the stop or the officer’s investigation. In other cases, your lawyer may argue that the breath or blood test result is not reliable or accurate.
In cases where you refused breath or blood testing, your attorney may suggest a strategy that claims the available evidence does not show you were too impaired to drive.
How to Choose the Best DUI Lawyer in Austin, TX
There may be dozens of great DUI lawyers in Austin, but how do you choose the best attorney for your case? This critical decision requires you to consider many factors about the attorney:
- Experience. Do not just look for an attorney who has been licensed for a long time, but also consider how often the lawyer handles DWI and DUI cases.
- Knowledge. Make certain that any attorney you are speaking with about your case keeps up with changing DUI and DWI laws.
- Skill set. You may be able to reach a satisfactory resolution in your case through a negotiated plea agreement, but some cases may need to be tried by a judge or jury. Your attorney should have experience and be comfortable in both environments.
- Resources. DUI cases can involve technical, scientific or medical evidence that requires consultations with expert witnesses. Your Austin DUI lawyer should have access to witnesses and resources and the time to consult with them about your case when needed.
The best DUI attorney for someone else may not be right for you. Ensure you can develop a good rapport with your attorney and that you feel comfortable following their advice. These cases can be stressful, and you do not want your attorney to be a source of additional stress.
Methodology
To come up with the best DUI lawyers in Austin, TX, in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions(FAQs)
What happens when you get a DUI for the first time in Austin?
You could face a fine of up to $2,000 for a first-time DWI. Additionally, the court can sentence you to up to 180 days in jail. While a six-month sentence is not common for a first-time DWI, you must serve at least three days in jail.
Do you lose your license immediately after a DUI in Austin?
No. You have 15 days after your arrest to request a driver’s license hearing. If you do not request this hearing, your license will be automatically suspended about 40 days after your arrest.
How long will a DUI stay on your record in Austin?
A DWI conviction will stay on your criminal record permanently unless you can get the conviction expunged or sealed. Talk to an experienced DUI lawyer in Austin about your options if it has been at least three years since you completed all the terms of your sentence.
